Every bicyclist on San Antonio’s streets can expect protection under the law. This allows them to use the road the same way as other vehicles. This also means that other travelers must take appropriate steps to protect bicyclists from harm.
Sadly, failures to take these steps are common. This could result in severe physical injuries, damage to your emotional well-being, and lost income while you are unable to return to work. At Ryan Orsatti Law, a San Antonio bicycle accident lawyer stands ready to help bring negligence claims against reckless drivers. An experienced attorney could help to explain your rights, evaluate how a driver has violated those rights, and demand fair compensation for your losses.
Who is At-Fault Following a Bicycle Accident?
While laws provide that bikers may travel on most of the same surfaces as motor vehicles, they also state that bike riders must follow the appropriate rules of the road. This means that a bike rider must stop at red lights, signal all turns, and yield when required under the law.
Cyclists must adhere to the rules of the road. They also have the right to demand compensation after suffering an injury due to another person’s negligence. This compensation could include payments for:
- The costs of medical care
- Reimbursement for lost wages
- Compensation for lost quality of life
A San Antonio attorney could further explain the laws that govern the interactions between motor vehicles and bike riders. Legal counsel could work to evaluate how an incident has impacted a bicyclist’s life and demand fair payment.
Possible Limitations on San Antonio Bicycle Accident Claims
Most crashes involving bikes and motor vehicles are accidents. Drivers did not intend to cause any harm, but since harm did occur due to their careless behavior, they are liable to provide compensation.
When courts examine bicycle accident cases, they must use the concept of modified comparative negligence to assign fault. Under Texas Civil Practice and Remedy Code §33.003, a court will reduce an injured biker’s award at trial by their percentage of blame for the accident. If this percentage rises to 50, the court must dismiss the claim. A local bicycle accident attorney could help to build a strong case and fight allegations of partial negligence.
Another limiting factor in bicycle accident claims is the statute of limitations. This time limit determines when a San Antonio court can hear a case claiming personal injury. According to Texas Civ. Prac. & Rem. Code §16.003, this may give injured cyclists as little as two years after an accident to demand compensation. Injured bikers should contact legal counsel as soon as possible after a crash to preserve their rights to pursue compensation.
Contact a San Antonio Bicycle Accident Attorney Today
Bicycle riders enjoy the same right to protection on the road as every other traveler. Other drivers must take appropriate care to avoid collisions. When a bicycle crash results in a physical injury, the victim has the right to demand fair compensation.
A San Antonio bicycle accident lawyer is prepared to take the lead in handling your claim. At Ryan Orsatti Law, we are prepared to protect your rights and refute any claims of shared fault. Our seasoned legal team could help you secure a settlement or damages award to cover your losses. Contact our firm today to schedule an appointment.
Ryan Orsatti Law